Utah immigration law still on hold
Updated: 2/17 6:28 pm | Published: 2/17 5:41 pm
Reported by:
Marcos Ortiz
SALT LAKE CITY (ABC 4 News) - A federal judge says Utah's immigration law will remain on hold pending his decision.
Lawyers for the state and U.S. Department of Justice argued about the constitutionality of the law.
House Bill 497 went into effect last summer but was quickly blocked by federal Judge Clark Waddoups after several groups including the American Civil Liberties Union and the National Immigration Law Center sued. The groups claim it could lead to racial profiling.
The legislation empowers police by allowing them to ask for citizenship of anyone committing serious crimes in Utah. Police also have the discretion to ask for documentation for less crimes like a traffic violation.
The Department of Justice also opposed Utah's law claiming it has no authority to create immigration laws. Attorneys for the justice department argued it is the job of Congress to make such laws.
But attorneys for Utah claim the state is working within the guidelines set by Congress.
"This isn't as invasive as people fear," said Barry Lawrence.
Lawrence argued that Utah's law is much different than the immigration law created by Arizona. That law was struck down by a federal appeal court and will be heard in April by the U.S. Supreme Court.
Outside the courthouse about 50-protestors gathered throughout the day in hopes HB 497 would be struck down.
"People who look talk (with an accent) like me and look (dark-skinned) like me will be targeted," said Victor Puertas.
Alicia Cervantes of Salt Lake was one of the plaintiffs in the lawsuit. She says she is terrified of HB 497.
"My daughter just got her drivers license and if she's pulled over she is going to have to have citizenship papers with her," Cervantes says. "That's not right. I fear for families, I fear for my family."
Judge Waddoups says he will decide in a few days whether to make an immediate decision or wait for the U.S. Supreme Court to rule on the Arizona law.
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